$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: March 19, 2024 + W.P.(C) 786/2019 & CM APPL. 3478/2019 HXXX ..... Petitioner Through: Dr. Amit George, Mr. A.

Bhaumik, Mr. R. Bharat, Mr. A Suri, Mr. Shashwat Kabi, Mr Piyo Harold Jaimon, Ms. Suparna Jain, Advocates.

versus GOVT. OF NCT OF DELHI & ORS ..... Respondents Through: Mr. Rajeev Aggarwal, ASC with Mr. Prateek Badhwar, Ms. Shaguftha H. Badhwar, Ms. Samridhi Vats, Advocates.

CORAM:

HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN J U D G M E N T (oral

1. The present writ petition is filed under Article 226 of the Constitution for issuance of direction as per the prayer which reads as under:-

a. Directing the Respondents to comply with the recommendations made in the Enquiry Committee Final Report dated 08.07.2018;

b. Directing the Respondents to fully reimburse the amount of Rs.1,41,969/- which the petitioner incurred during his medical treatment and surgery at Jaipur Golden Hospital Signature Not Verified Digitally Signed as a result of denial of treatment at BJRM & LNJP Hospitals;

c. Directing the Respondent No.4 to pay the wages of the Petitioner for the time he was on medical leave due to the accident as he had met with the accident in the course of his duty with Respondent No.4 and his treatment was delayed as a result of the negligence and undignified treatment meted out to the Petitioner by BJRM and LNJP Hospitals;

d. Directing the Respondents to pay compensation of Rupees 1 lakh for the trauma and pain caused by delay on the part of the Respondents;

e. Directing the Respondents to pay costs of this petition as quantified by the Hon'ble Court;

f. For any other or further orders as this Court may deem fit in the facts and circumstances of the case.

2. It is stated that the petitioner met with an accident on 09.08.2017 as a result of which he received injury on his left leg and left shoulder. The petitioner thereafter approached Babu Jagjivan Ram (BJRM) Hospital for treatment but he was denied proper treatment. The petitioner was further referred to Lok Nayak Jay Prakash Narayan (LNJP) Hospital since he needed urgent surgery. The petitioner was also not treated properly at LNJP Hospital and was discharged without being given any necessary treatment and raw plaster. The petitioner under these circumstances was compelled to approach the Jaipur Golden Hospital to undergo the surgery, for the removal of abscess on his left leg, and treatment for infection, resulting in a huge expenditure amounting to almost Rs.1.5 Lacs.

3. The petitioner being aggrieved filed a writ petition bearing Signature Not Verified Digitally Signed W.P. (C) no. 9563/2017 which was disposed of vide order dated 30.10.2017. Thereafter, the petitioner filed an appeal vide LPA bearing no. 266/2018 to set aside the order dated 30.10.2017 wherein vide order dated 09.05.2018, the respondent no.1 was directed to set up an Enquiry Committee to hear the grievances of the petitioner and also to submit the report within 03 months. Accordingly, the report was submitted and the petitioner claimed the relief as mentioned hereinabove on the basis of the Inquiry Report which was the outcome of the order dated 09.05.2018 passed in LPA bearing no.266/2018.

4. Mr. Amit George, Advocate referred the Inquiry Report dated 08.07.2018 and argued that the petitioner suffered the loss of expenditure amounting to almost Rs.1.5 Lacs due to the negligence and duties of the doctors not being satisfactory. The petitioner is also entitled for compensation. The relevant findings of the Committee reads as under:-

Role of BJRM hospital There is no discrimination of the patient for his HIV status. He was admitted in the hospital for treatment of fracture of his leg and was referred to LN Hospital as implant required for his treatment was not available in BJRM Hospital.

However, it was felt that referral and transfer of the patient was improper because while referring the patient to LN Hospital, referring doctor did not enquired from the count